Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 26

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            of deficiency regarding the estate and gift tax deficiencies on                              
            September 20, 1994.                                                                          
                  Petitioner contends that                                                               
                  the previous ownership position of Respondent's                                        
                  predecessor as well as notification and subsequent                                     
                  acquiescence over a 12-year period by respondent                                       
                  following the filing of extensive income and gift tax                                  
                  returns by Birnie M. Davenport and her relatives allow                                 
                  Petitioner to assert that Respondent is under a 'duty                                  
                  of consistency' or is 'quasi estopped' to assert any                                   
                  gift or estate tax deficiency against Petitioner for                                   
                  gifts of Hondo stock by Birnie M. Davenport.                                           
            We disagree.  The filing of the Federal estate and gift tax                                  
            returns by Birnie's estate started the running of the periods of                             
            limitations on November 7, 1991.  Respondent's notices of                                    
            deficiency were mailed to petitioner on September 20, 1994,                                  
            before the expiration of the period of limitations.  We therefore                            
            find that the statute of limitations does not bar the assessment                             
            of additional estate and gift tax liabilities in this case.                                  
            Addition to Tax Under Section 6651(a)(1)                                                     
                  Section 6651(a)(1) imposes an addition to tax for failure to                           
            file a return on the date prescribed (determined with regard to                              
            any extension of time for filing), unless it is shown that such                              
            failure is due to reasonable cause and not due to willful                                    
            neglect.  The taxpayer has the burden of proof to show the                                   
            addition is improper.  United States v. Boyle, 469 U.S. 241, 245                             
            (1985).                                                                                      
                  Respondent determined that a Quarterly Gift Tax Return with                            
            respect to the July 1980 gifts was due to be filed on November                               




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